From DEI to Equal Protection: New Direction in Civil Rights Policy |
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The Trump administration is restoring the core value of equal opportunity to civil rights enforcement. It is eviscerating the race-baiting, intersectional policies of the Biden and Obama administrations, and giving substance to the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services (2025) that whites, men, and heterosexuals are not held to a higher standard in discrimination cases.
This is a time for rejoicing, tempered by concern that the administration will not have time to complete its work, and that its reliance on executive orders, rather than legislation and consent decrees, will allow the next Democratic president to rip asunder President Trump’s laudable accomplishments.
Despite more than a century of Supreme Court decisions forbidding discrimination on the basis of race, Democrats generally, and progressives specifically, have inverted President John F. Kennedy’s executive order establishing affirmative action. Intended to bring an end to discrimination because of race, creed, color, and national origin, progressives instead transformed affirmative action into a system of preferences based on melanin content, and absorbed this once hopeful construct into radical philosophies used to justify bias, including Critical Race Theory (CRT), intersectionality, disparate impact theory, and ultimately DEI (diversity, equity and inclusion).
They oppose Trump’s effort to dismantle their race-addled policies with every lever available to them. Ivy League universities have to be bludgeoned into enforcing equal rights. Blue city mayors continue their fight to sideline white males. Hollywood artists and programmers refuse to work for studios and tech companies that recognize political and legal realties. Liberal Supreme Court justices bemoan the majority’s refusal to rule based on the intersectional hierarchy of so-called “marginalized” minorities, and Obama- and Biden-appointed federal judges enjoin proper exercises of executive power.
CRT originated in the 1970s as a tortured rationale advocating that colorblind laws inevitably serve the interests of white people.
Intersectionality has become a cornerstone of CRT. Developed principally by Columbia Law Professor Kimberlé Crenshaw, it........